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South Africa decisions
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Knowles and Others v Blair Athol Home Owners Association and Others (75783/2013) [2014] ZAGPPHC 518 (20 June 2014)
The court granted interim relief restoring applicants’ golf-club rights and barred the HOA from using unpaid levies to stop them playing golf pending the main case.
AFM Theological College (Association Incorporated under Section 21) and Others v National Leadership Forum of the Apostolic Faith Mission of South Africa, Represented by the National Office Bearers and Others (A255/2012) [2013] ZAGPPHC 509 (19 December 2013)
The Court found that the Company was established as an extension of the Church's educational facility and was always intended to be under the Church's control, as reflected in the Constitution and the articles of association. The August 2007 agreement, signed by the relevant parties including the third and fourth appellants, provided for the resignation of the existing directors and the appointment of new ones by the Church's National Leadership Forum. The process followed, including the filing of the CM29 form, was valid and binding. The objections raised by the appellants were found to be a…
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AFM Theological College and Others v National Leaders Forum of the the Apostolic Faith Mission of South Africa, represented by the National Office Bearers and Others (A255/2012) [2013] ZAGPPHC 331 (19 December 2013)
High Court appeal over control of a section 21 company used for a church theological college. The court upheld the church body’s authority and dismissed the appeal.
Maxi Drivers Association and Others v Registrar of Public Transport and Others (18353/2011) [2011] ZAGPJHC 137 (23 August 2011)
The court found that the applicants have used the name Maxi Drivers Association since at least 1997, while the 8th respondent registered as a Section 21 Company in 2003 and conducts a similar business under the same name. This situation constitutes passing off, which is unfair to both the public and the applicants. In the absence of further evidence, the applicants are entitled to an interim interdict restraining the respondents from using the name Maxi Drivers Association. The matter is postponed sine die, and the respondents may seek reconsideration upon providing further evidence.
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Southern African Fraud Prevention Service Ltd v National Credit Regulator (NCT168/2009/54(1) (T)) [2010] ZANCT 28 (19 February 2010)
The Tribunal set aside a notice to cease, holding the applicant was not required to register as a credit bureau because its fees covered costs, not payment for services.
South African Junior Golf Association and Another v Registrar of Companies and Another, South African Golf Association v South African Junior Golf Association and Others (7187/08) [2009] ZAWCHC 174; 2009 BIP 204 (WCC) (9 November 2009)
The court set aside an order requiring a junior golf association to change its name and dismissed a trade mark expungement and interdict counterclaim.
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